In consideration of using this Website and the Services you agree to our Terms and Conditions set forth below, as well as our Privacy Policy and Refund Policy all of which you agree and accept, form a binding agreement (“Agreement”) and your only recourse if you do not accept shall be to discontinue using our Website and our Services. You acknowledge that this is a binding Agreement between you and Takeout Rocket, even though it is electronic and is not physically signed by you and Takeout Rocket, and it governs your use of the Website and Services and takes the place of any prior agreements, emails, texts or conversations between you and Takeout Rocket. Restaurants will also be required to agree and accept a Monthly Payment Contract for the Services.
Before downloading any software or using any of the “Services”, as that term is defined below, you agree that you have read and agree to be bound by this Agreement in its entirety. You also agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms and Conditions at any time without prior notice and you agree the revisions or amendments will be effective upon updating on this Website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time we make any changes to this Agreement. Even if you agree to our Terms and Conditions we may deny the use of some or all of our Services to you if we feel in our sole discretion it will better protect the Takeout Rocket brand.
Takeout Rocket LLC always uses industry standard encryption technologies on www.takeoutrocket.com, such as 256-bit SSL encryption, when transferring and receiving your personal user data. This information can only be translated once it's received by our secure servers. These secure servers help to protect against the loss, misuse or alteration of information that we have collected from you through our Website.
You represent and warrant that: (i) you are over the age of thirteen (13); and (ii) are fully able and competent to accept and be bound by these Terms and Conditions, as well as this Agreement. To be more clear, if you are under the age of thirteen (13), please do not use this Website or the Services.
Defined Terms
The “Content” includes, but is not limited to, all software, any information in any form of media, data, text, posts, ratings, reviews, saved favorites, liked items, bookmarked Restaurants, user name, user profile information, images, sounds, video, your payment information, personal financial information, and other content made available by you, a third party or us, and includes such Content made available through our Website or Services, or developed through the application programming interface (“API”) available through our Website, Google Play or the APP Store all of which are either now existing or that may be created in the future.
The term “Privacy Policy” refers to our Privacy Policy which describes our practices concerning Content that you provide or that we may collect about you through the Website or our Services, and you consent to our use of your Content in compliance with our Privacy Policy. You also agree that by using our Services, you agree to the terms of our Privacy Policy and any future amendments or revisions.
The term "Restaurant" shall mean any restaurant, cafe, deli, diner, luncheonette or other business that sells food and/or beverages and uses our Services and/or Website and includes the owners, managers, officers, directors and employees of such Restaurant using the Services and/or Website and that may be posting or supplying their own Content to our Website.
The "Services" made available through Takeout Rocket include (a) the Website, (b) the Restaurant online ordering software, (c) the Takeout Rocket software, (d) opportunities to interact on the Website, Third Party Sites, and various social media sites and (e) all other software, data, media and Content made available through the Website and from the API made available through our Website, Google Play or the APP Store all of which Services are either now existing or that may be created in the future.
The term “Takeout Rocket,” “we”, “us” and “our” shall mean Takeout Rocket LLC, as well as Takeout Rocket’s officers, directors, members, managing members, employees, business partners, affiliates, strategic partners, third party service providers, licensors, licensees, independent contractors, agents and representatives.
The term “Third Party Sites” shall include third party sites, social media sites, Google Play, the APP Store, and software applications all of which may be now existing or to be created in the future.
The “Website” means www.takeoutrocket.com which is owned by Takeout Rocket LLC, as well as any other website(s) that Takeout Rocket LLC may own in the future.
The term "you" or "your" shall mean any person or entity that uses this Website or the Services as well as any Restaurant that uses this Website or the Services.
Use of Website and the Services
Restaurants that sign up for and pay Takeout Rocket for the monthly use of the Services are granted a limited right to access and use Takeout Rocket’s Services which are subject to these Terms and Conditions and the proprietary ownership rights of Takeout Rocket.
By entering your email address to obtain the Services or any of our software applications, you are agreeing to receive email communication from us or any of the Restaurants to which we provide our Services. You may unsubscribe at any time, but may be restricted from using our Services if you do.
Subject to the terms of this Agreement, you may access and use the Services only for your own personal, business or commercial use. We reserve all other rights to the Services, and you may not otherwise decompile and recode, copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services without our advance written permission, which we may deny in our sole and absolute discretion. You also specifically represent and agree that you shall not transfer or sublicense this limited right to use the Services or resell the Services. Imitation of our design or company logos, passing off similar software for commercial or malicious use as being associated with this product will result in legal action. However, we do authorize you to promote our Services (such as via email, blogs, YouTube, Facebook, Instagram, Twitter, DigitlKnit, Tumblr, etc.) for the positive advancement of our Website, the Services and brand awareness.
You may print off and download extracts, of any of the pages from our Website for your personal reference and you may draw the attention of others to material posted on our Website. However, documents or digital copies of any materials may not be modified or altered in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Although Takeout Rocket warrants that the software has been prepared and developed with reasonable skill and care Takeout Rocket does not warrant that the software shall be free from all known viruses or that the software will work correctly in all circumstances.
Takeout Rocket is under no obligation to provide support, service, corrections, or upgrades to the free software programs.
You shall not modify, adapt or hack the Services to falsely imply any sponsorship or association with Takeout, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks.
You are responsible for all Content that you post on the Website or otherwise transmit via the Services. You are responsible for maintaining the confidentiality of your login and account information and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. Takeout Rocket reserves the right to access any or all your accounts in order to respond to your requests for technical support.
It is the sole responsibility of each Restaurant to ensure that any Content they post or supply to Takeout Rocket is complete, accurate, current, legal and reflects the true state and features of the displayed information. The Restaurant acknowledges that it owns the displayed Content or has the legal right to display such Content on the Website.
The Restaurant is responsible for ensuring that its pages on the Website comply with all applicable laws. Each Restaurant is responsible for drafting the terms of use and privacy policy for its pages on the Website. The Restaurant’ privacy policy must contain terms that are at least as protective of a user’s privacy as those contained in Takeout Rocket’s Privacy Policy.
If you are under the age of 21, you agree not to place any orders for alcoholic beverages. Upon delivery or pick-up of your order you will be required to present a government issued form of identification acceptable to the Restaurant proving you are at least 21 years of age. If you do not supply acceptable proof you agree you will not be able to receive the alcoholic beverages and you forfeit the cost of the beverages as a result of your lack of proper identification.
The Restaurant agrees to hold Takeout Rocket harmless from any liability or cost related in an way to comments and reviews posted on the Restaurant’s pages of the Website by its customers, third parties or imported from third party sources and we shall not be liable to the Restaurant should the review turn out to be injurious to the Restaurant, or give rise to any claim, or cause loss or damage to the Restaurant. The Restaurant agrees that its only recourse shall be to cease using the Services. If the Restaurant uses similar software or operates in a similar business to ours, we reserve the right to refuse to offer our Services to them.
If any bugs are found we will use our best efforts to have them fixed and released as soon as reasonably practical; bug fix updates are free of cost. The applications are licensed to Restaurants “as is” and are part of the monthly fee for the Services. No Takeout Rocket employee or agent has the authority to vary in whole or in part, any of the Takeout Rockets Terms and Conditions, Privacy Policy, Refund Policy, prices or the Services.
Downgrading your account may cause the loss of features, or capacity of your account. Takeout Rocket does not accept any liability for such loss. Prices we charge Restaurants for the Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time. In addition, special pricing may apply for Restaurants with an exceptionally high number of end-users or an unusually high monthly usage of the Services. The Restaurant account owner will receive an email receipt upon each monthly payment. The Services will be provided in less than 72 working hours after we have received payment and the proper information that we request.
Takeout Rocket uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information, unless encrypted, except to process your credit card information for Takeout Rocket. When a customer orders from your Restaurant using Takeout Rocket the credit card data is not processed on our servers and sensitive credit card data is encrypted.
The Restaurant and you agree that our third party service providers may store your encrypted credit card and ACH banking information. The Restaurant expressly agrees that we are authorized to charge it (i) a fee for any applicable Services it signs up for which will be billed on a monthly or yearly basis, (ii) any other fees for Services it may purchase, and (iii) any applicable taxes in connection with its use of the Services, all of which charges will be made to the credit card or ACH banking information the Restaurant provides and the Restaurant agrees to reimburse us for all collection costs, including reasonable attorney’s fees and statutory interest for any overdue amounts. If the payment card or ACH billing information the Restaurant provides expires or fails to make the payment and it does not provide new payment card information or cancels its account, the Restaurant authorizes us to continue billing it and it agrees to remain responsible for any uncollected fees. All fees shall be paid in U.S. dollars.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Takeout Rocket’s third party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
Each Restaurant understands and acknowledges that its customer's data, including personal and credit card information, may be provided at the time the customer places an order. Each Restaurant agrees that it is their responsibility to properly handle, secure and destroy that data if for whatever reason it has not been encrypted. Takeout Rocket shall not be liable to you or any third party for misuse of that personal data.
Takeout Rocket reserves the right to modify or discontinue the Services with or without notice to you. Takeout Rocket shall not be liable to you or any third party in the event Takeout Rocket exercises its right to modify or discontinue any of the Services in whole or in part.
Unauthorized access to the Website is a breach of this Agreement and a violation of the law. You agree not to access the Website by any means other than through the interface that is provided by Takeout Rocket for use in accessing the Website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website, except those automated means that Takeout Rocket has approved in advance in writing.
You may not access the Website or Services for purposes of monitoring its availability, performance, accounts, features or functionality, or for any other benchmarking or competitive purposes.
Use of the Website is subject to existing laws and legal process. Nothing contained in this Agreement will limit Takeout Rocket's right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website, which may include disclosing your Content to the applicable authorities.
Unsubscribing from Emails and Text Messages
If you no longer want to receive marketing and promotional related emails from Takeout Rocket, you can unsubscribe from future emails by clicking the “unsubscribe” link at the bottom of the email. Please note that even if you unsubscribe from our marketing and promotional emails, you may still receive emails related to order status, your account and your transactions on the Website.
If you no longer want to receive marketing and promotional related texts from Takeout Rocket, you can unsubscribe from future texts by sending a text to ______________. Please note that even if you unsubscribe from our marketing and promotional texts, you may still receive texts related to order status, your account and your transactions on the Website.
Accessing Our Website
Access to www.takeoutrocket.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide through our Website without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.
Cancellation and Termination
At the end of the monthly contract term, the Restaurant’s contract will automatically renew for an additional monthly contract term until explicitly cancelled by the Restaurant or Takeout Rocket. Cancellation must be done via the Restaurant’s account on www.takeoutrocket.com. Any cancellation issued via the Restaurant’s account on takeoutrocket.com must be done at least three (3) calendar days prior to the end of the monthly contract term to be effective, otherwise the account will be billed for an additional monthly period. Services cancelled at the Restaurant’s request prior to the completion of any monthly contract term are not subject to a full or partial refund. If the Restaurant fails to comply with any of the Terms and Conditions or this Agreement and we terminate the Restaurant’s Services prior to the completion of the monthly contract term we will not refund any payments.
There are no other means of cancelling your account. All of your Content will be deleted from the Service within a reasonable time following cancellation. Your Content cannot be recovered once your account is cancelled. Services may be terminated by us at any time, without penalty and without notice, if the Restaurant fails to comply with any of the terms of this Agreement.
The Restaurant agrees that Takeout Rocket will not be liable to it or any third party for the termination of the Restaurant’s access to the Service. Upon termination, we have the right to delete all data, files, images, menus, Content or other information that is stored in the Restaurant’s account.
Third-Party Content
Where our Website contains links to Third Party Sites and resources provided by third parties, we do not necessarily endorse or evaluate the third party Content. We have no control over the Content of those Third Party Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Takeout Rocket is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these Third Party Sites and you agree to hold Takeout Rocket harmless from all liabilities related to the Content, software and services of third parties. You should review those third parties’ terms of use, conditions, guidelines and privacy policies before you use their Content, software or services. When you access a Third Party Sites you do so entirely at your own risk.
Social Media Networks
Our Website may be accessible through or contain connections to Third Party Sites or networks that allow you to publicly post information, communicate with others, review Restaurants, review products, review our Services and submit Content in any form of media. We recommend that you do not post any personal information that you do not want made public, such as personal financial information.
You may be able to log into our Website using your already existing social media network login information. You may also have the option to link social networks such as Facebook, to your Takeout Rocket account. After setting up your Takeout Rocket user account and connecting with your social media network, you will be able to automatically post recent Takeout Rocket and Restaurant activity on your social media network. You grant Takeout Rocket permission to access any information or Content regarding your social media network account that you have made available to be shard.
Intellectual Property; License
Takeout Rocket provides a free software application to Restaurants and to you as a Restaurant customer to place orders at our client Restaurants that use our Services. While every care has been taken to ensure no intentional breach of internet, communications, email, or social media network policies have been created in the design of the Services or our advertising and marketing plan, please be guided that policies can change from time to time and we will endeavor to update the Services and our advertising and marketing plan to comply with such changes. How you personally use our Services is subject to this Agreement and we accept no liability for errors and omissions. The Services may be subject to changes, modifications or possible discontinuation without notice to you. Therefore, you agree to check this Website from time to time for changes.
The Website holds certain Content, audio clips, data compilations, and software that is the property of Takeout Rocket and its third party service providers and is protected by international copyright laws. No rights, usage or license is granted to you to use such copyrighted material in any way.
You grant Takeout Rocket the right to use your Restaurant name, logo, Content, trademarks and copyrights for the purpose of providing the Services, promoting your Restaurant and attracting interested customers to purchase you products.
All Services, logos, data, designs, code, and materials associated with Takeout Rocket are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Trademarks
“Takeout Rocket” and its various logos, trademarks, designs, graphics, artwork and slogans (cumulatively referred to as “logos”) that are used or displayed through the Services are trademarks of Takeout Rocket and you may only use these trademarks or logos for promotional purposes to identify yourself as a Restaurant or user of Takeout Rocket’s products and Services, provided you do not attempt to claim ownership of the logos by incorporating any of them within your names or offerings. The proprietary ownership rights, trademark and copyright of the Services are the sole property of and remain with Takeout Rocket.
DISCLAIMER OF WARRANTIES
The Services and takeoutrocket.com are provided on an “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” basis without any representation or endorsement made and without any warranties of any kind whether express or implied, including but not limited to the implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You acknowledge that we do not warrant that the Services will be uninterrupted, timely, secure error-free or virus-free and no information or communication obtained by you from Takeout Rocket or the Services shall create any warranty not expressly stated in this Agreement.
Takeout Rocket makes no warranties or representations about the accuracy or completeness of the Website’s Content or the Content of any Third Party Sites linked to this Website and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of Content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website and the Services, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our Website, any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party, and/or any errors or omissions for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website. Takeout Rocket does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked Third Party Sites or featured in any banner or other advertising.
To the extent permitted by the applicable law, we will not be liable for any indirect, special, incidental, consequential loss or damage whatsoever arising out of or in connection with the use of the Services or caused on any theory of liability. If you are in a state that does not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, then our liability shall be limited to the greatest extent permitted by applicable law.
We make no warranty that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
We make no warranty that the Restaurant’s Content will not be lost or corrupted and we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of a Restaurant’s Content.
You and Takeout Rocket agree that any claim or dispute between you and Takeout Rocket, which arises out of or is in any way related to the Services or this Agreement, shall be made with the American Arbitration Association within one hundred twenty (120) calendar days after the claim or dispute arose, otherwise such claim or dispute shall be permanently waived and forever barred. (See the terms relating to arbitration of disputes and claims found later on this page).
Communications and Content
You represent and warrant that you own or have sufficient legal right to the intellectual property rights to your Content and that any use of your Content by Takeout Rocket, does not violate applicable law or the rights of any third party. You hereby grant Takeout Rocket, Takeout Rocket’s affiliates, consultants, resellers and partners, an irrevocable, royalty-free, perpetual, nonexclusive, sub-licensable right to use, copy, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish your Content, without prior notice, approval or compensation from you in any way, for the purposes of (i) displaying your Content on the Internet, (ii) processing your Content in connection with providing the Services, and/or (iii) storing or hosting your Content in a remote database or on the Website for access. This license will apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You grant Takeout Rocket the right to access any or all of your accounts for support, maintenance or servicing.
You agree that any Content you post or transmit to certain parts of the Website, including without limitation, Restaurant pages, may be posted in public areas on our Website and other Third Party Sites, including without limitation in a compilation format, and as such will be publicly visible and accessible. You acknowledge and agree that Takeout Rocket will not be responsible for, and you hereby expressly release Takeout Rocket from, any and all liability for the action of any and all third parties with respect to your Content.
Takeout Rocket may monitor any and all use of the Website, although we are under no obligation to do so. We may manage the Website in order to protect our proprietary ownership rights and to facilitate the proper use and maximum profitability of the Website. If your Content or conduct on our Website is inappropriate, violates our goals, standards, or any of the Terms and Conditions or interferes in any way with other peoples' enjoyment of the Website and Services, in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any of your Content. Additionally, we reserve the right, in our sole discretion, to terminate or suspend your access to any areas of our Website. Takeout Rocket will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any Content.
Ratings and Reviews
Our Website may allow you to rate and post reviews of Restaurants and other businesses. Ratings and reviews are not endorsed by Takeout Rocket, and do not represent the views of Takeout Rocket. Takeout Rocket does not assume liability for ratings and reviews and you release Takeout Rocket from any claims, liabilities or losses resulting from any ratings and reviews. We strive to maintain a high level of integrity with our ratings and reviews and other user Content. Takeout Rocket requires that all ratings and reviews must comply with the following criteria: (1) before you post a rating or review about a Restaurant, you must have purchased from that Restaurant; (2) you may not post a rating or review about a Restaurant if you work for that Restaurant or any of its competitors; and (3) your posting must be in compliance with the Terms and Conditions of this Agreement. Any rating or review that we determine, in our sole discretion, is improper or does not meet any of the criteria above may be removed or excluded by us without notice.
Takeout Rocket’s Use of Your Content
All of the personal payment information that Takeout Rocket collects from you, which is considered part of your Content, is subject to applicable privacy laws. Takeout Rocket will not use your personal payment information for any use not connected to providing Services under this Agreement. Takeout Rocket will take all reasonable measures to protect your personal payment information and will not disclose any personal payment information to unnecessary third-parties. You agree to bear all risks of loss associated with disclosing such personal payment information and agree to waive any and all claims of loss as against Takeout Rocket even if such information is somehow improperly obtained from us.
You give Takeout Rocket the right to reproduce, use, disclose, and distribute any and all of your Content as well as any communication conducted with us, including but not limited to web pages, menus, designs, feedback, questions, comments, suggestions and the like, which shall also be considered part of your Content. You shall have no right of confidentiality in your Content and Takeout Rocket shall have no obligation to protect your Content from disclosure, other than using reasonable efforts to protect your personal financial information. We shall be free to use any ideas, concepts, know-how, theories, images, artwork, graphics, photos or techniques contained in your Content for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
From time to time, you may be transmitting personal financial information (including ACH banking information and credit card information) to facilitate transactions with Takeout Rocket and the Restaurants with whom you are placing orders. As described in our Privacy Policy, we will not share such personal financial information with third parties other than those third parties such as Restaurants, banks, processing gateways and merchant processors required to process your takeout order, and you understand that Takeout Rocket cannot control how the Restaurants, banks, processing gateways or merchant processors will use your personal financial information. Therefore, you and the Restaurants using this Website and the Services hereby consent to such sharing of personal financial information. You and the Restaurants agree that it is your responsibility to properly handle, secure, not store and destroy such personal financial information as may be necessary to protect it from misuse. Takeout Rocket shall not be liable to you or any third party for misuse of your Content or personal financial information.
Your Obligations When Using Our Website
When using our Website, you promise to: (a) provide true, accurate, current and complete information about yourself and your business, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Takeout Rocket has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Takeout Rocket has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Services, or any portion thereof. You are entirely responsible for the security and confidentiality of your name, username, password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account.
LIMITATION OF LIABILITY
The Services are provided without any representations, guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and any third parties connected to us or assisting us in providing the Services hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Services or in connection with the use, inability to use, or results of the use of this Website, any Third Party Sites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business;
loss of opportunity;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You also agree to hold us harmless from and we do not accept liability for any third party misrepresentation of our Services.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL TAKEOUT ROCKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, YOU (WHETHER A USER, RESTAURANT OR RESTAURANT CUSTOMER) AGREE THAT TAKEOUT ROCKET SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS GREATER. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT TAKEOUT ROCKET AND ANY RESTAURANTS APPEARING ON THIS WEBSITE ARE INDEPENDENT AND THAT TAKEOUT ROCKET MAKES NO REPRESENTATION AND/OR WARRRANTY IN REGARDS TO THE QUALITY OF ANY EXPERIENCE YOU MIGHT HAVE AT ANY OF THESE RESTAURANTS. TO THAT END, YOU AGREE TO INDEMNIFY AND HOLD TAKEOUT ROCKET HARMLESS FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO YOUR EXPERIENCE WITH THESE RESTAURANTS.
Viruses, Hacking and Other Offenses
You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would be committing a criminal offense under the Computer Fraud and Abuse Act (CFAA) 18 U.S. Code §1030. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them once this has been established.
In the event that the integrity of this Website or any of its Services is compromised, we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or the Services or to your downloading of any material or software posted on it or any Third Party Site, Google Play or the App store.
Acceptable Use
Without limiting any other provision in this Agreement, you may not use the Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or entities or engage in illegal activities;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Attempt or transmit files that contain viruses, trojans, spyware, adware, or other harmful code;
Any unlawful and or wilful misuse of the Services that causes damages to Takeout Rocket in any way or form, will be subject to legal action.
Limitation of Business Activity.
We do not own the information on the Restaurant pages of our Website. We are a neutral venue that allows Restaurants to display their information and it is the Restaurant’s responsibility to be truthful and accurate in the information and pricing they post on our Website or that they provide to us for posting on our Website. We do not take part in, or responsibility for any management issues.
We have not confirmed and will not confirm the accuracy of Restaurant Content and we do not warrant that the Restaurant Content is accurate and current. The Restaurant Content is provided and maintained directly by the Restaurant and each Restaurant agrees to take sole responsibility for the accuracy of such Content including the images, and pricing it displays, provides or approves. You agree that Takeout Rocket shall in no way liable for loss or damage incurred as a result of any inaccuracies or misleading statements made in the Restaurant Content. The display of Content on Restaurant webpages appearing on this Website does not constitute an endorsement or recommendation from us. We cannot guarantee nor be responsible for the condition of the Content displayed on Restaurant webpages appearing on this Website. You acknowledge and agree that Takeout Rocket has no liability or responsibility with respect to your interactions with any other user of this Website or the purchase and consumption of any food and/or beverages from the Restaurants appearing on this Website or through the Services.
Bugs or Error Fixes
Full Bug fixes (if it is really a bug or error) will be done for free ONLY when the files have not been modified by the Restaurant. We will always do our best to fix it as soon as possible.
Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
Assignment
Takeout Rocket may assign or transfer this Agreement, in whole or in part, without restriction or notice to you at any time.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TAKEOUT RCOKET AND ITS RESELLERS, PARTNERS (INCLUDING ALL OFFICERS, DIRECTORS, MANAGING MEMBERS, MEMBERS, EMPLOYEES, CONTRACTORS AND AGENTS OF THE FOREGOING) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, YOUR CONTENT, OR BREACH OF THIS AGREEMENT.
Arbitration, Jurisdiction and Applicable Law
In the event of any claim or dispute between you and Takeout Rocket, which arises out of or is in any way related to the Services or this Agreement, you and Takeout Rocket agree that such claim or dispute shall be settled by arbitration, rather than civil litigation, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. You and Takeout Rocket agree that any claim or dispute between you and Takeout Rocket, which arises out of or is in any way related to the Services or this Agreement, shall be made with the American Arbitration Association within one hundred twenty (120) calendar days after the claim or dispute arose, otherwise such claim or dispute shall be permanently waived and forever barred.
A list of arbitrators shall be presented to the claimant and respondent from which one arbitrator will be chosen using the applicable rules. The hearing shall be conducted in the City of Stamford, County of Fairfield, and State of Connecticut. The laws of the State of Connecticut shall apply. The decision of the arbitrator shall be final and binding upon all parties.
You acknowledge and agree that you and Takeout Rocket are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Takeout Rocket otherwise agree in writing, the arbitrator may not consolidate more than one person's or entity’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The prevailing party shall be awarded all of the filing fees and related administrative costs including witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, which will be added to, and become a part of, the amount due pursuant to this Agreement and awarded by the arbitrator. Any questions involving the interpretation of this Agreement shall use the laws of the State of Connecticut. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
No Duty to Back-Up
Takeout Rocket does not provide and is not to be used as a disaster recovery facility or as an emergency data storage facility. You expressly acknowledge that agree that Takeout Rocket is not responsible for any loss of your Content or any data you provided through the use of the Services and you further agree that you will not hold Takeout Rocket liable for any loss of your Content or any data which may occur at any time.
Errors and Omissions
The Website may contain inaccuracies and typographical errors, including but not limited to errors relating to pricing or the availability of certain products or Services offered by the Restaurants or Takeout Rocket. You agree that Takeout Rocket is not responsible or liable for any such inaccuracies, errors or omissions, and you agree to hold Takeout Rocket harmless from such claims. It is the obligation and duty of each Restaurant to proof their listings and information carefully and make changes and keep such listings and information current. Takeout Rocket reserves the right to make changes, corrections, cancellations and/or improvements to any information appearing on the Website, and to the products and programs described in such information, at any time without notice.
Force Majeure
In the event that Takeout Rocket is unable to perform any of its obligations under this Agreement or you are unable to enjoy any of its benefits because of causes beyond our reasonable control (a "Force Majeure Event") Takeout Rocket shall immediately give you notice, if practicable, and shall take reasonable measures to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended indefinitely.
Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Failure to Act not a Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision, which may be exercised by us at any time. This Agreement and your right to use the Services may not be assigned by you without the prior written approval of Takeout Rocket.
Information about Us
This Website and the Services are owned and administered by Takeout Rocket LLC. Our office is located at 276 Seaside Avenue, Stamford, CT 06902.
Customer Service Number: 203-XXX-XXXX
Customer Service email Address: support@takeoutrocket.com
Miscellaneous
This Agreement constitutes the entire agreement between you and Takeout Rocket and governs your use of the Website and Services, superseding any prior agreements that you may have with Takeout Rocket. This Agreement and the Terms and Conditions may only be amended by Takeout Rocket and does not require us to give you prior notice, so you are required to review these pages from time to time and take note of the last update that will always appear at the top of this page. Section headings are for convenience only and shall not affect any interpretation of this Agreement or be deemed to be part of this Agreement. The use of the singular shall include the plural and the plural shall include the singular. All pronouns and any variations thereof used herein shall be deemed to refer to the masculine, feminine, impersonal, singular or plural, as the identity of the person or persons may require.
Copyright © 2017 Takeout Rocket LLC. All rights reserved. Terms and Conditions | Privacy Policy | Refund Policy
Copyright © 2017 Takeout Rocket LLC. All rights reserved. Terms | Privacy Policy | Refund Policy